rediff.com: Thackeray, Azmi's arrest imminent: Legal experts


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July 15, 2000

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Thackeray, Azmi's arrest imminent: Legal experts

Legal experts in Bombay say the arrest of Shiv Sena supremo Bal Thackeray and the Samajwadi Party's city unit chief, Abu Asim Azmi, 'is almost imminent' as the charges framed against them under Section 153 (a) of the Indian Penal Code are non-bailable.

"Since 153 (a) is a non-bailable offence, both the leaders will have to face arrest," leading criminal lawyer Majid Memon said.

Section 153 (a) deals with promoting enmity between different groups on grounds of religion, race, place of birth or language etc and doing acts prejudicial to maintenance of harmony.

Advocate Clifford Martis said police could not take action on their own in a case filed under Section 153 (a) and a nod from the state or Central government was a must.

The lawyers were reacting to the Congress-Nationalist Congress Party led government's green signal to the city police to take action against Thackeray and Azmi under Section 153 (a) of IPC.

Memon said the case against Thackeray could not be equated with that against Azmi as the 'offence against Thackeray is old and he was not arrested for several years'.

Azmi was arrested for allegedly making anti-national statements on February 24 last and later released on bail, Memon, one of the lawyers associated with the 1993 serial blasts case, said.

"Legal recourse will have to be taken or charges against Azmi will have to be altered," he added.

PTI

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